PROVINCIAL ASSEMBLY
OF SINDH
NOTIFICATION
KARACHI, THE 22ND
FEBRUARY, 2011
NO.PAS/Legis-B-19/2010- The Pakistan Institute
of Management Bill, 2010 having been passed by the Provincial Assembly of Sindh on 8th November,
2010 and assented to by the Governor of Sindh on 8th February, 2011 is hereby published as an Act of the Legislature
of Sindh.
THE PAKISTAN INSTITUTE
OF MANAGEMENT ACT, 2010
SINDH ACT NO: I OF 2011
AN ACT
to provide for
the
establishment of an Institute at Karachi
known as Pakistan Institute of Management.
Preamble WHEREAS it is expedient to provide for the establishment of
an Institute at Karachi known as Pakistan
Institute of Management and to provide
for matters ancillary thereto:
It
is hereby enacted as follows:-
1. Short title and commencement (1)
This
Act may be called the Pakistan
Institute of Management Act,
2010.
(2) It shall come into force at once.
2. Definitions In this Act, unless there is anything
repugnant in the subject or context-
a) "Academic Council" means the Academic Council
of the Institute;
b) "Authority" means any of the Authorities of the Institute;
b) "Authority" means any of the Authorities of the Institute;
c) "Board" means the Board of Governors of the Institute;
d) “Commission” means the Higher
Education Commission;
e) “Director" means the Director of the Institute;
f) "Dean" means the Head of a faculty;
g) "Faculty" means
the Faculty of the Institute;
h) Government means the Government of Sindh;
i) "Head" means head of a Teaching Department;
j) “Institute" means the Pakistan Institute of Management;
k) "Patron" means the Patron of the Institute;
l) “Prescribed” means prescribed by statutes,
regulations and rules;
m) "Registrar" means the Registrar of the Institute;
n) "Statutes, regulations and
rules" means
the statutes, the regulations and the rules respectively made under this Act;
o) "Teaching Department" means the
Teaching Department established and maintained by the Institute; and
p) “Teacher” means
Professor, Associate Professor, Assistant Professor and Lecturer, engaged whole time by the Institute and such
person declared as such under
this Act.
3 Powers and Functions of the Institute (1)
There shall be established at Karachi an Institute to be known
as the Pakistan Institute
of Management consisting of-
i. the Chairman, the Director, the Deans and other members of the Board;
ii. the teachers and students of the Institute and its constituent units;
iii. the members of such council, committees and other bodies as the Board may establish; and
i. the Chairman, the Director, the Deans and other members of the Board;
ii. the teachers and students of the Institute and its constituent units;
iii. the members of such council, committees and other bodies as the Board may establish; and
iv. such other officers and members of the staff as may from time to
time be specified by the Board.
(2) The Institute
shall be a body
corporate by the name of Pakistan
Institute of Management
having perpetual succession
and a common seal, with power,
amongst others, to acquire,
hold and dispose of any property or investments and shall by the said name sue and be sued.
4 Establishment and incorporation of the Institute
(1) The Institute shall have the following powers-
4 Establishment and incorporation of the Institute
(1) The Institute shall have the following powers-
a) to provide for instructions and training
in such branches of learning as it may deem fit, and to make provision
for research, demonstrations, services to the society
and for the advancement and dissemination of knowledge
in such manner as it may determine;
b) to admit and examine students;
b) to admit and examine students;
c) to hold
examinations
and
confer
or
award
degrees,
diplomas,
certificates and other academic distinctions on and to the persons who have passed its examinations under the prescribed conditions;
d) to select and promote faculty;
e) to confer honorary degrees;
d) to select and promote faculty;
e) to confer honorary degrees;
f) to
prescribe courses
of
studies in the branches
of
learning
established by the Institute;
g) to pursue research;
g) to pursue research;
h) to provide
and support other facilities for education, training and research;
i) to
enter
into agreements, contracts and arrangements with universities, organizations, institutions, bodies and individuals for the purpose of carrying out its functions and activities; and
j) to decide
teaching methods
and strategies in order to ensure the most
effective educational and training programs.
(2). The powers and functions under sub-section (1), shall
be exercised and performed subject to general control and
directions
of Government.
5.Institute open to all classes, creeds etc. The Institute shall be open to persons
of either sex of whatever
religion, race, creed, colour or domicile who are academically qualified for admission to the courses of study offered by the Institute
and no such person shall be denied the privileges of the Institute on the ground of sex, religion, creed, race, class, colour or domicile.
6.Teaching and examinations in Institute. (1) The academic
programs of the Institute shall be conducted in the
prescribed manner.
(2) The Institute
shall associate external
examiners for the conduct of examinations.
(3) No degree shall be granted
unless
a
student
has passed
an examination in the Islamic Studies and Pakistan Studies at the Bachelor's degree level or, in the case of a non-Muslim student,
in Ethics and Pakistan
Studies at his option.
(4) In prescribing syllabi,
courses
of
studies
and
instructions for the
conduct of studies, the Institute shall abide by the directions given
by Government or the Commission.
7.Authorities of the Institute The following shall be the Authorities of the Institute-
7.Authorities of the Institute The following shall be the Authorities of the Institute-
a) the Board;
b) the Academic
Council;
c) the Advanced
Studies and Research Board;
d) the Finance
and Planning Committee;
e) the Selection Board;
and
f) any other Authority constituted by the Board.
8. Officers of the Institute The following shall be the
officers of the Institute-
a) the
Chairman;
b) the
Director;
c) the
Deans;
d) the
Heads of Teaching
Department;
e) the
Registrar; and
f) such other persons
as may be specified by regulations to be the
officers.
9. Patron (1) The Governor of Sindh
shall be the Patron of the Institute-
(2) The Patron, when present, shall preside
at
the
convocation of the
Institute.
(3) Every proposal to confer an honorary
degree
shall
be
subject
to
confirmation by the Patron.
.10.Visitation (1) The Patron may cause an inspection
or inquiry to be made on his own motion in respect of any matter connected with the affairs of the Institute
and shall, from time to time, direct any person or persons
to inquire into or carry out inspection of-
i. the Institute, its buildings,
laboratories, libraries, and other facilities;
ii. any institution, department or hostel maintained by the Institute;
iii. the
adequacy of financial
and human resources of the Institute;
iv. the teaching, research, curriculum, examination and other matters of the Institute; and
v. such
other matters as may be specified
by him.
(2). The Patron shall communicate to the Board his views with regard to the result of visitation and shall, after ascertaining
the views of the respective Board, advise the Board on the action
to be taken by it.
(3) The Board shall, within such time as may be specified
by the Patron, communicate to him such action,
if any, as has been taken
or
may be proposed to be taken upon the results of visitation.
(4) Where the Board does not
within the time specified, take action to the
satisfaction of the Patron, the Patron may issue such directions as he deems fit and
the Board shall comply with all such directions.
(5) The Patron
shall have full powers to take any action,
as he may deem fit
against the Institution, including
the withdrawal of Charter
and its closure.
11. The Chairman (1)
The Chairman
shall be an eminent scholar
and an educationist
of distinction and shall be appointed
by
the Patron on such terms and
conditions as the Patron
may determine.
(2). The Chairman shall in the absence of the Patron preside over the convocation.
(3) If the Chairman
is satisfied that the proceedings
of any Authority or orders of any officer are not in accordance
with the provisions of this Act,
the statutes, the regulations
or the rules, he may, after calling
upon such Authority or officer
to show cause why such proceedings
or order, should not be annulled, by order in writing,
annul such proceedings or orders.
(4) The Chairman
may remove any person from the membership of any Authority if such
person-i. has become of unsound mind;
or
ii. has been incapacitated to function as members of such Authority; or
iii. has been convicted by court of law for an offence involving moral turpitude or has been found indulging in
any activity against the interest of the Institute.
(5) Should the Chairman
be incapacitated from acting as such due to absence or any other cause, the Director or nominee of the Chairman
shall act as Chairman.
12 The Director (1)
The
Director shall be an educationist or eminent scholar
and shall be appointed by the Board on such terms and conditions as the Board may
determine.
(2) The Director shall be the chief academic and administrative officer
of the Institute and shall be responsible for the implementation of the decision of the Board and for the execution
of the program of the Institute in accordance with the guidelines and policies formulated by the Board.
(3) The Director shall have powers to-
i. submit plans of work and budget estimates of the Institute to the Board for consideration and approval;
(3) The Director shall have powers to-
i. submit plans of work and budget estimates of the Institute to the Board for consideration and approval;
ii. direct the activities connected with the execution of programs
for instructions, training, research and services to
community;
iii. incur expenditure provided for in the approved budget and to
re- appropriate funds within the same major head of expenditure and report it to the Board in its next meeting;
iv. sanction and re-appropriate an amount not exceeding one lac rupees for an unforeseen item not provided
for in the budget, and report it to the Board in its meeting;
v. appoint, on the recommendations of the Selection
Board and with the approval of the Board, teachers, officers and members of the staff of the Institute and such other persons as may be necessary in accordance
with policies and procedures approved by the Board so as to ensure the highest intellectual and moral qualities in the persons appointed;
vi. submit to the Board, in accordance with the rules of procedure, reports on the activities of the Institute and the execution of the plans of work;
vii. create temporary
posts for a period not exceeding six months;
and
viii. undertake any work assigned by the Board.
13 The Board (1) The Board shall consist of the following-
i. the Chairman;
i. the Chairman;
ii. the two Members from the
Provincial
Assembly
of
Sindh,
nominated by the Speaker;
iii. a Judge of the High Court nominated by the Chief
Justice;
iv. the Chairman of the Commission or his nominee;
iv. the Chairman of the Commission or his nominee;
v. the Secretary
Education or his representative not below the rank
of an Additional Secretary;
vi. a Vice Chancellor of a University in public sector or an eminent
scholar nominated by the Chairman;
vii. a prominent and reputed industrialist;
viii. a prominent and reputed business
professional; and
ix. the Director
who shall also act as Secretary.
(2) The members of the Board other than ex-officio members shall hold office for three years.
(3) No act or proceedings of the Board shall be invalid by reasons
only of the existence of a vacancy in or any defect in the
constitution of the Board.
14. Powers and Functions of the Board (1)
The Board shall exercise and perform the following functions-
i. to hold,
control
and
administer
the
property, funds and resources of the Institute and to raise funds for the purpose of
the Institute upon such security as may be required under the
regulations;
ii. to undertake
responsibility for the financial viability of the
Institute including responsibility for ensuring effectiveness
of its operations, their continuity and preservation
of the autonomy of the Institute;
iii. to consider and pass the annual report, plan of work, statement of
accounts and the annual budget estimates;
iv. to formulate
or
approve
the
principles, policies and plans governing the activities and operations
of the Institute so as to facilitate research, teaching and other academic
work;
v. to make statutes, and approve rules and regulations;
v. to make statutes, and approve rules and regulations;
vi. to prepare and revise
from time to time rules and
regulations for the efficient and effective operation
of the Institute;
vii. to create a component of the Institute such as faculties
and departments under its jurisdiction and to constitute such standing committees, sub committees, councils and other administrative or academic advisory
bodies as it deems
necessary, and review their work;
viii. to call for and consider reports
relating to the activities of the
Institute and the execution of the plans of work and
to direct the Director to furnish information relating
to any matter specified by the
Board;
ix. to create
such academic or administrative posts as it may deem
necessary and to approve appointment to such posts by the Director;
x. to prescribe
the terms and conditions and duties of teachers
and the employees;
xi. to take all such initiatives as it may consider necessary
for the efficient and effective
management and functioning of the Institute;
xii. to appoint teachers
and other employees in BS 17 and above on
the recommendation of the Selection Board; and
xiii. to delegate
any of its powers to the Director, Authority, officer or a committee subject
to such conditions as it may impose.
15. Meeting of the Board (1)
The Board shall meet at least twice a year on the dates to be fixed by
the Director, with approval of the Chairman; provided that a special meeting may be called at any time by the Chairman
on the request by not less than five members
of the Board to consider
any matter of urgent nature.
(2) In the case of a special meeting not less than ten clear days notice
shall be given to the members
of the Board and the agenda of the meeting shall be restricted to the
matter
for
which
the
special meeting is called.
(3) The quorum
for a meeting of the Board shall be one half of its
members a fraction being counted
as one.
(4) The decisions of the Board shall be expressed in terms of the views of the majority and voting of the members
present and
if
the
members are equally divided, the Chairman have a casting
vote.
16.Academic and Administrative Staff (1)
The
academic and administrative staff
of the Institute shall be selected with a view to achieving its stated objectives.
(2) The basic
criteria
for
selection
such staff shall be the highest standards of competence, integrity
and efficiency; provided that in the
case of academic staff, academic qualification and fringe benefit shall not
be less than those approved
by the Commission.
17 Institute Fund, Audit and Accounts (1) The Institute shall have a fund to which shall be credited
income from fees, donations,
trusts, bequests, endowments,
grants, contribution and any other source.
(2) No contribution, donation or grant, which may directly
or indirectly involve any immediate
or subsequent financial liability of the
Institute or which may involve an activity not included
in its
programs for the time being shall be accepted without the prior approval of the Board.
(3) The accounts of the Institute
shall be maintained in such
form and in such manner as may be prescribed by rules.
(4) The accounts of the Institute shall be audited
each year within four
months of the closing of the financial
year by a Chartered Accountant appointed
by the Board.
(5) The accounts, together
with the report of the auditor thereon,
shall be submitted to the Board for approval.
(6) The auditor's report
shall certify that the auditor has complied with the
standards of audit
and certification laid down by the
Institute of the Chartered Accountants of Pakistan.
18 The Academic Council (1)
The Academic Council
shall consist of-
i. the
Director who shall be the Chairman;
ii. all the Deans;
iii. all the Heads of the Teaching Departments;
ii. all the Deans;
iii. all the Heads of the Teaching Departments;
iv. a nominee of the Education Secretary not below the rank of Deputy Secretary;
v. the Executive District Officer (Education);
v. the Executive District Officer (Education);
vi. two Assistant Professors
and two Lecturers to be nominated by the Board;
vii. three
persons
eminent
in
the
arts,
the
sciences and the professions one from each category
nominated by the Board; and
viii. the Registrar, who shall act as its Secretary.
viii. the Registrar, who shall act as its Secretary.
(2) The
members appointed
by
nomination
shall unless removed earlier hold office for a period
of three years.
(3) The quorum for a meeting of the Academic Council shall be one third of the total number of members,
a fraction being counted as one.
19. Powers and Duties of Academic (1) The Academic Council shall be the academic body of
the Institute and shall,
subject to the provisions of this Act and the Statutes, have the powers to lay down proper standards of instructions, research, publication, examinations
and to regulate and promote the academic life of the Institute.
(2) Without prejudice to the generality of the foregoing powers and subject to the provision of this Act and the Statutes,
the Academic Council shall have the powers
to-
i. advise the Board on academic matters;
i. advise the Board on academic matters;
ii. regulate the conduct of teaching, research, publication and
examination;
iii. regulate the admission of students to the courses of studies and examinations
in the Institute;
iv. regulate the conduct and discipline of the students of the Institute;
v. propose to the Board
scheme
for
the
constitution
and
organization of Faculties and Teaching Departments;
vi. consider and formulate proposals for the
Planning
and Development of teaching and research in the Institute;
vii. prepare regulations
prescribing the course of studies, the
syllabi and the outlines of tests for
all
examinations and
submit the same to the Board for approval;
viii. regulate the award of studentships, scholarships exhibitions, medals and prizes;
ix. appoint or nominate members
to the various Authorities in accordance with the provisions of this Act; and
x. perform such other functions as may be prescribed by the statutes. prescribed by statutes
Powers of other
|
(2) The academic
qualifications,
salaries
and
fringe benefits of the academic staff shall not be less than those admissible
to such staff in public Universities in the Province.
(3) Annual monitoring charges as fixed by the Government
from
time to time shall be paid by the Institute
through a pay order in the name of
the Secretary Education, Government
of Sindh for University Fund
being maintained by the Governor’s Secretariat.
24 Interpretations If any question arises as to the interpretation of any of the Provisions of this Act, it shall be placed before
the Patron whose decision
thereon shall be
final.
25 Removal of difficulties If any difficulty arises in giving effect to any of the provisions of this Act, the Chairman may make such order, not inconsistent with the provisions of this Act as may appear to him to be necessary for removing the difficulty.
26. First Statute Notwithstanding anything to the contrary
contained in this Act, the First Statutes shall be deemed to be the statutes framed
under this Act and shall
continue to remain in force until amended, repealed
or new statutes are
framed in accordance with the provisions of this Act.
THE FIRST STATUTES
(See section 26)
1.The faculties The Institute shall include the following faculties
and such other faculties as may be prescribed:-
(1) Faculty of Business Administration;
(2) Faculty of Public Administration;
(3) Faculty of Computer Science
(4) Faculty of Information Technology; (5) Faculty of Business Law;
(6) Faculty of Economics;
(7) Faculty of Business Psychology; (8) Faculty of Mathematics; and
(9)
Faculty of Sociology.
2.Board of Faculty (1) There shall be a Board of each Faculty
which shall consist
of-
i. the Dean of the Faculty;
ii. the Professors and the Heads of the teaching departments;
i. the Dean of the Faculty;
ii. the Professors and the Heads of the teaching departments;
iii. one member other than Dean and
Head
of each teaching department to be nominated
by the Head;
iv. two teachers nominated by the Academic
Council by reason
of their specialized knowledge of
the subjects which,
though not
assigned to be faculty, but has in the opinion of the Academic
Council, important bearing
on
the
subjects
assigned to the Faculty;
v. two experts in the relative field from outside the institute to be
appointed by the Board;
and
vi. one member to be nominated by the Director.
vi. one member to be nominated by the Director.
(2) The members other
than ex-officio members shall unless
removed
earlier, hold office for a period of three years.
(3) The quorum for a meeting of the Board of the Faculty
shall be one-half
of the total number
of members, a fraction being counted as one.
3. (1) The Board of each Faculty shall, subject to the general control of the Academic Council and the Board will have the powers to-
3. (1) The Board of each Faculty shall, subject to the general control of the Academic Council and the Board will have the powers to-
i. co-ordinate the teaching,
and research work in the
subjects assigned
to a Faculty;
ii. scrutinize the recommendations of the Boards
of Studies comprising the Faculty with regard to the appointment of paper-setters
and examiners for graduate and post graduate examinations and to forward the panels
of
suitable paper
setters
and
examiners for
each examination to the Director;
iii. consider any other academic matter relating to the Faculty and report thereon to the Academic Council;
iv. prepare a comprehensive annual report regarding the performance of each
Department, comprising the faculty for presentation to the Academic Council; and
v. perform such other functions as may be prescribed by statutes.
v. perform such other functions as may be prescribed by statutes.
4Functions of the Board of Faculty.(1) There
shall be a Dean of each faculty who shall be the Head and
Convener of the
Board of Faculty.
(2) The Dean shall be appointed by the Board from amongst the three most senior Professors of the faculty
on the recommendation of the Director
and shall hold office
for a period of three years and shall be eligible
for re- appointment.
(3) The Dean shall have such powers and perform
such duties as may be prescribed by the Board on the recommendations of the Director.
5.Teaching departments and heads of the department (1) There shall be teaching department for each subject or a group of subjects, as may be prescribed by Regulations and shall be headed by a
Head of Department.
(2) The head of teaching
department shall be appointed
by the Board on the
recommendations of the Director
from amongst three senior most
Professors, Associate Professors or Assistant Professors other than Professor already
working as Dean for a period of three years and shall be
eligible for re-appointment.
Provided when in a Department,
there is no Professor
or Associate Professor or Assistant Professor, no such appointment shall
be made and the department shall be looked after by the Dean of the Faculty with the
assistance of the senior most teacher of the department.(3) The Head of the Department shall-
i. plan, organize
and supervise the work of the
department and shall be responsible to the Dean for the work of his department;
ii. under the general supervision of the Director and the Dean shall exercise
all administrative, financial and academic powers and
such other duties or powers
as may be delegated
to him; and
iii. prepare a comprehensive annual report on the performance of the department at graduate and postgraduate
levels, and faculty research and development and submit it to the Dean of the
Faculty for evaluation.
6.Board of Advanced Studies and Research(1)
The Board of Advanced Studies
and Research shall consist of-
i. the Director as its Chairman;
ii. all
Deans;
iii. one Professor from each faculty having experience in research
in relevant field to be appointed by the Academic
Council;
iv. one Professor from each faculty other than Dean to be appointed
by the Board;
v. one member to be nominated by the Director;
v. one member to be nominated by the Director;
vi. three
members from the relevant
field of Research
Organizations and
Government Departments to be nominated
by the Board; and vii. the
Registrar who shall act as its Secretary.
(2) The term of office of the members
of the Board of Advanced
Studies and Research, other than ex-officio members, shall be for a period of three
years.
(3) The quorum
for
a
meeting
of
the Board of Advanced Studies and
Research shall be one half of the total number of members, a fraction
being counted as one.
7.Functions of Board of Advanced Studies and Research The functions
of the Board of Advanced Studies
and Research shall be to-
a) advise the Authorities on all matters connected with the promotion of advanced studies, research and publications in the Institute;
b) consider and report
to the Authorities on the institution of research
degrees;
c) propose regulations regarding the award of research
degrees;
d) appoint supervisors for postgraduate research students and to approve titles and synopsis
of their thesis
or dissertations;
e) recommend panels
of names of examiners for evaluation of their
thesis and other research
examinations; and
f) perform such other functions as may be prescribed by the statutes.
8.Selection Board (1) The Selection Board shall consist of-
i. the Director who shall be the Chairman;
ii. the Dean of the concerned Faculty;
iii. the Head of the concerned teaching Department;
i. the Director who shall be the Chairman;
ii. the Dean of the concerned Faculty;
iii. the Head of the concerned teaching Department;
iv. one member of the Board to be nominated by the Board; v.
one eminent scholar
to be nominated by the Board;
and vi. one subject expert to be nominated by the Board.
(2) The Registrar shall be the Secretary of the Selection Board.
(3) The members
other than ex-officio members shall hold office for a period
of three years.
(4) The quorum for a meeting
of the Selection Board shall be four.
(5) No member who is a candidate for the post to which appointment is to be made shall
take part in the proceedings of the Selection Board.
(6) In selecting
candidates for the posts of Professors,
Associate Professors or Assistant Professors, the Selection Board shall co-opt or consult three
experts in the subject
concerned and in selecting candidates for other teaching posts two experts in the
subject concerned, to be nominated by the
Director from a standing
list of experts to be revised from time to time, for each
subject approved
by the Board on the recommendations of the Selection Board.
9.Functions of the Selection Board (1) The Selection Board, for teaching and other officers shall consider
the applications and recommend
to the Board the names of suitable
candidates for appointment and recommend
suitable
salary
for
the person
concerned.
(2) The Selection
Board shall consider all cases of promotion or selection of
officers of the Institute
and recommend the names of suitable candidates
for such promotion or selection to the Board.
(3) In
the event of an unresolved difference of opinion between the Selection
Board and the Board the decision
of the Board shall be final.
10 Finance and Planning Committee (1) The Finance and Planning
Committee shall consist
of- i. the Director who shall be the Chairman;
ii. all
the Deans;
iii. one member of the Board to be nominated
by the Board;
iv. one
member of the Academic
Council to be nominated by the
Academic Council;
v. one representative each from
Education and Finance Departments not below the rank of Deputy
Secretary; and
vi. the
Treasurer who shall act as Secretary.
(2) The term of office
of the nominated members shall be for a period of
three years.
(3) The quorum for a meeting
of the Finance and Planning Committee
shall be five members.
11Functions of the Finance and Planning Committee The functions of the Finance
and Planning Committee shall
be to-
i. prepare the annual statement
of accounts, propose
annual budget estimates and advise the Board thereon;
iii. advise the Board on all matters relating
to finance, investments and accounts of the Institute; and
iv. perform
such other functions as may be prescribed under the statutes.
BY ORDER OF
THE SPEAKER PROVINCIAL
ASSEMBLY OF SINDH
HADI BUX BURIRO
SECRETARY
PROVINCIAL
ASSEMBLY OF SINDH
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